There is no minimum age at which common law notice applies — it applies to any terminated employee unless their employment contract limits notice to statutory minimums (and the contract is enforceable).
Age affects the length of the notice period, not the eligibility for it.
Younger employees (e.g., under 30) might receive shorter notice, even if they have significant service.
Senior employees (especially older, long-service employees) are seen as having greater difficulty finding re-employment and are thus awarded longer notice periods.
Here’s a rough idea (though actual awards depend heavily on individual circumstances):
-Short-service, young employees: 2–4 months.
-Mid-age, mid-service employees: 4–8 months.
-Older, long-service employees (50s/60s, 20+ years of service): 12–24 months or more.
Courts in Canada generally cap common law notice at around 24 months, although extraordinary cases (usually involving very senior, long-term employees) may exceed this. Therefore, common law notice is triggered upon termination without cause, regardless of age. Age impacts how much notice is owed — older employees typically get more notice because re-employment prospects are harder.
-HRInsider Staff
